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Amend CSSB 3 (House committee printing) as follows:
(1) In Article 2 of the bill, add the following appropriately numbered SECTION and renumber subsequent SECTIONS of
the article accordingly:
SECTION 2.____. Subchapter E, Chapter 13, Water Code, is
amended by adding Section 13.147 to read as follows:
Sec. 13.147. CONSOLIDATED BILLING AND COLLECTION
CONTRACTS. (a) A retail public utility providing water service may
contract with a retail public utility providing sewer service to
bill and collect the sewer service provider's fees and payments as
part of a consolidated process with the billing and collection of
the water service provider's fees and payments. The water service
provider may provide that service only for customers who are served
by both providers in an area covered by both providers'
certificates of public convenience and necessity. If the water
service provider refuses to enter into a contract under this
section or if the water service provider and sewer service provider
cannot agree on the terms of a contract, the sewer service provider
may petition the commission to issue an order requiring the water
service provider to provide that service.
(b) A contract or order under this section must provide
procedures and deadlines for submitting billing and customer
information to the water service provider and for the delivery of
collected fees and payments to the sewer service provider.
(c) A contract or order under this section may require or
permit a water service provider that provides consolidated billing
and collection of fees and payments to:
(1) terminate the water services of a person whose
sewage services account is in arrears for nonpayment; and
(2) charge a customer a reconnection fee if the
customer's water service is terminated for nonpayment of the
customer's sewage services account.
(d) A water service provider that provides consolidated
billing and collection of fees and payments may impose on each sewer
service provider customer a reasonable fee to recover costs
associated with providing consolidated billing and collection of
fees and payments for sewage services.
(2) Add the following appropriately numbered Articles to
the bill and renumber subsequent Articles of the bill accordingly:
ARTICLE ____. REGULATING CERTAIN SUBDIVISIONS
SECTION ____.01. Section 212.012, Local Government Code, is
amended by amending Subsections (a), (c), (d), (e), (f), (h), and
(i) and adding Subsections (j) and (k) to read as follows:
(a) Except as provided by Subsection (c), (d), or (j)
[Subsection (c)], an entity described by Subsection (b) may not
serve or connect any land with water, sewer, electricity, gas, or
other utility service unless the entity has been presented with or
otherwise holds a certificate applicable to the land issued under
Section 212.0115.
(c) An entity described by Subsection (b) may serve or
connect land with water, sewer, electricity, gas, or other utility
service regardless of whether the entity is presented with or
otherwise holds a certificate applicable to the land issued under
Section 212.0115 if:
(1) the land is covered by a development plat approved
under Subchapter B or under an ordinance or rule relating to the
development plat;
(2) the land was first served or connected with
service by an entity described by Subsection (b)(1), (b)(2), or
(b)(3) before September 1, 1987; or
(3) the land was first served or connected with
service by an entity described by Subsection (b)(4), (b)(5), or
(b)(6) before September 1, 1989[; or
[(4) the municipal authority responsible for
approving plats issues a certificate stating that:
[(A) the land:
[(i) was sold or conveyed to the person
requesting service by any means of conveyance, including a contract
for deed or executory contract, before:
[(a) September 1, 1995, in a county
defined under Section 232.022(a)(1); or
[(b) September 1, 2005, in a county
defined under Section 232.022(a)(2);
[(ii) is located in a subdivision in which
the entity has previously provided service;
[(iii) is located outside the limits of the
municipality;
[(iv) is located in a county to which
Subchapter B, Chapter 232, applies; and
[(v) is the site of construction of a
residence, evidenced by at least the existence of a completed
foundation, that was begun on or before:
[(a) May 1, 1997, in a county defined
under Section 232.022(a)(1); or
[(b) September 1, 2005, in a county
defined under Section 232.022(a)(2); or
[(B) the land was not subdivided after September
1, 1995, in a county defined under Section 232.022(a)(1), or
September 1, 2005, in a county defined under Section 232.022(a)(2),
and:
[(i) water service is available within 750
feet of the subdivided land; or
[(ii) water service is available more than
750 feet from the subdivided land and the extension of water service
to the land may be feasible, subject to a final determination by the
water service provider].
(d) In a county to which Subchapter B, Chapter 232, applies,
an entity described by Subsection (b) may serve or connect land with
water, sewer, electricity, gas, or other utility service that is
located in the extraterritorial jurisdiction of a municipality
regardless of whether the entity is presented with or otherwise
holds a certificate applicable to the land issued under Section
212.0115, if the municipal authority responsible for approving
plats issues a certificate stating that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider or
developer by any means of conveyance, including a contract for deed
or executory contract, before:
(i) September 1, 1995, in a county defined
under Section 232.022(a)(1);
(ii) September 1, 1999, in a county defined
under Section 232.022(a)(1) if, on August 31, 1999, the subdivided
land was located in the extraterritorial jurisdiction of a
municipality as determined by Chapter 42; or
(iii) September 1, 2005, in a county
defined under Section 232.022(a)(2);
(B) has not been subdivided after September 1,
1995, September 1, 1999, or September 1, 2005, as applicable under
Paragraph (A);
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun on or before:
(i) May 1, 2003, in a county defined under
Section 232.022(a)(1); or
(ii) September 1, 2005, in a county defined
under Section 232.022(a)(2); and
(D) has had adequate sewer services installed to
service the lot or dwelling;
(2) the subdivided land is a lot of record as defined
by Section 232.021(6-a) that is located in a county defined by
Section 232.022(a)(1) and has adequate sewer services installed
that are fully operable to service the lot or dwelling; or
(3) the land was not subdivided after September 1,
1995, in a county defined under Section 232.022(a)(1), or September
1, 2005, in a county defined under Section 232.022(a)(2), and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(e) An entity described by Subsection (b) may provide
utility service to land described by Subsection (d)(1), (2), or (3)
[Subsection (c)(4)(A)] only if the person requesting service:
(1) is not the land's subdivider or developer or the
subdivider's or developer's agent; and
(2) provides to the entity a certificate described by
Subsection (d) [(c)(4)(A)].
(f) [(e)] A person requesting service may obtain a
certificate under Subsection (d)(1), (2), or (3) [Subsection
(c)(4)(A)] only if the person is the owner or purchaser of the
subdivided land and provides to the municipal authority responsible
for approving plats documentation containing [either]:
(1) a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider or developer [to the person requesting service] before
September 1, 1995, before September 1, 1999, or before September 1,
2005, as applicable under Subsection (d)[, and a notarized
affidavit by that person that states that construction of a
residence on the land, evidenced by at least the existence of a
completed foundation, was begun on or before May 1, 1997, or on or
before September 1, 2005, as applicable]; [or]
(2) for a certificate issued under Subsection (d)(1),
a notarized affidavit by the person requesting service that states
that [the property was sold or conveyed to that person before
September 1, 1995, or before September 1, 2005, as applicable, and
that] construction of a residence on the land, evidenced by at least
the existence of a completed foundation, was begun on or before May
1, 2003, in a county defined by Section 232.022(a)(1) or September
1, 2005, in a county defined by Section 232.022(a)(2), and the
request for utility connection or service is to connect or serve a
residence described by Subsection (d)(1)(C);
(3) a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after September 1, 1995, September 1, 1999, or September
1, 2005, as applicable under Subsection (d); and
(4) evidence that adequate sewer service or facilities
have been installed and are fully operable to service the lot or
dwelling from an entity described by Subsection (b) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety
Code. [May 1, 1997, or on or before September 1, 2005, as
applicable.
[(f) A person requesting service may obtain a certificate
under Subsection (c)(4)(B) only if the person provides to the
municipal authority responsible for approving plats an affidavit
that states that the property was not sold or conveyed to that
person from a subdivider or the subdivider's agent after September
1, 1995, or after September 1, 2005, as applicable.]
(h) This section may not be construed to abrogate any civil
or criminal proceeding or prosecution or to waive any penalty
against a subdivider or developer for a violation of a state or
local law, regardless of the date on which the violation occurred.
(i) In this section:
(1) "Developer" has the meaning assigned by Section
232.021.
(2) "Foundation" means the lowest division of a
residence, usually consisting of a masonry slab or a pier and beam
structure, that is partly or wholly below the surface of the ground
and on which the residential structure rests.
(3) [(2)] "Subdivider" has the meaning assigned by
Section 232.021.
(j) Except as provided by Subsection (k), this section does
not prohibit a water or sewer utility from providing in a county
defined by Section 232.022(a)(1) water or sewer utility connection
or service to a residential dwelling that:
(1) is provided water or wastewater facilities under
or in conjunction with a federal or state funding program designed
to address inadequate water or wastewater facilities in colonias or
to residential lots located in a county described by Section
232.022(a)(1);
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
(4) is located in a project for which the political
subdivisions with jurisdiction over the project or the approval of
plats within the project area have approved the improvement project
by order, resolution, or interlocal agreement under Chapter 791,
Government Code.
(k) A utility may not serve any subdivided land with water
utility connection or service under Subsection (j) unless the
entity receives a determination that adequate sewer services have
been installed to service the lot or dwelling from the municipal
authority responsible for approving plats, an entity described by
Subsection (b), or the authorized agent responsible for the
licensing or permitting of on-site sewage facilities pursuant to
Chapter 366, Health and Safety Code.
SECTION ____.02. Section 232.021, Local Government Code, is
amended by amending Subdivision (2) and adding Subdivisions (2-a),
(2-b), and (6-a) to read as follows:
(2) "Common promotional plan" means any plan or scheme
of operation undertaken by a single subdivider or developer or a
group of subdividers or developers acting in concert, either
personally or through an agent, to offer for sale or lease lots when
the land is:
(A) contiguous or part of the same area of land;
or
(B) known, designated, or advertised as a common
unit or by a common name.
(2-a) "Develop" means a structural improvement or
man-made change to a lot intended for residential use undertaken to
improve, enhance, or otherwise make suitable real property for
purposes of sale, resale, or lease.
(2-b) "Developer" means a person who owns any interest
in real property and directly or indirectly develops real property
in the ordinary course of business or as part of a common
promotional plan.
(6-a) "Lot of record" means:
(A) a lot, the boundaries of which were
established by a plat recorded in the office of the county clerk
before September 1, 1989, that has not been subdivided after
September 1, 1989; or
(B) a lot, the boundaries of which were
established by a metes and bounds description in a deed of
conveyance, a contract of sale, or other executory contract to
convey real property that has been legally executed and recorded in
the office of the county clerk before September 1, 1989, that has
not been subdivided after September 1, 1989.
SECTION ____.03. Section 232.024(b), Local Government
Code, is amended to read as follows:
(b) If any part of a plat applies to land intended for
residential housing and any part of that land lies in a floodplain,
the commissioners court shall not approve the plat unless:
(1) the subdivision is developed in compliance with
the minimum requirements of the National Flood Insurance Program
and local regulations or orders adopted under Section 16.315, Water
Code; and
(2) the plat evidences a restrictive covenant
prohibiting [as required by this subsection. The restrictive
covenant shall prohibit] the construction of residential housing in
any area of the subdivision that is in a floodplain unless the
housing is developed in compliance with the minimum requirements of
[qualifies for insurance under] the National Flood Insurance
Program and local regulations or orders adopted under Section
16.315, Water Code [Act of 1968 (42 U.S.C. Sections 4001 through
4127)].
SECTION ____.04. Section 232.028(b), Local Government
Code, is amended to read as follows:
(b) On the commissioners court's own motion or on the
written request of a subdivider, an owner or resident of a lot in a
subdivision, or an entity that provides a utility service, the
commissioners court shall make the following determinations
regarding the land in which the entity or commissioners court is
interested that is located within the jurisdiction of the county:
(1) whether a plat has been prepared and whether it has
been reviewed and approved by the commissioners court;
(2) whether water service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.023 and are fully operable;
(3) whether sewer service facilities have been
constructed or installed to service the lot or subdivision under
Section 232.023 and are fully operable, or if septic systems are
used, whether the lot is served by a permitted on-site sewage
facility or lots in the subdivision can be adequately and legally
served by septic systems under Section 232.023; and
(4) whether electrical and gas facilities, if
available, have been constructed or installed to service the lot or
subdivision under Section 232.023.
SECTION ____.05. Section 232.029, Local Government Code, is
amended by amending Subsections (b), (c), (d), (e), and (i) and
adding Subsections (k) and (l) to read as follows:
(b) Except as provided by Subsection (c) or Section
232.037(c), a utility may not serve or connect any subdivided land
with electricity or gas unless the entity receives a determination
from the county commissioners court under Sections 232.028(b)(2)
and (3) [Section 232.028(b)(2)] that adequate water and sewer
services have been installed to service the lot or subdivision.
(c) An electric, gas, water, or sewer service utility may
serve or connect subdivided land with water, sewer, electricity,
gas, or other utility service regardless of whether the utility
receives a certificate issued by the commissioners court under
Section 232.028(a) or receives a determination from the
commissioners court under Section 232.028(b) if the utility is
provided with a certificate issued by the commissioners court that
states that:
(1) the subdivided land:
(A) was sold or conveyed by a subdivider or
developer [to the person requesting service] by any means of
conveyance, including a contract for deed or executory contract:
(i) before September 1, 1995; or
(ii) before September 1, 1999, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42;
(B) has not been subdivided after September 1,
1995, or September 1, 1999, as applicable under Paragraph (A); [is
located in a subdivision in which the utility has previously
provided service; and]
(C) is the site of construction of a residence,
evidenced by at least the existence of a completed foundation, that
was begun[:
[(i) on or before May 1, 1997; or
[(ii)] on or before May 1, 2003; and
(D) has had adequate sewer services installed to
service the lot or dwelling;
(2) the subdivided land is a lot of record and has
adequate sewer services installed that are fully operable to
service the lot or dwelling[, if the subdivided land on August 31,
1999, was located in the extraterritorial jurisdiction of a
municipality as determined by Chapter 42]; or
(3) [(2)] the land was not subdivided after September
1, 1995, and:
(A) water service is available within 750 feet of
the subdivided land; or
(B) water service is available more than 750 feet
from the subdivided land and the extension of water service to the
land may be feasible, subject to a final determination by the water
service provider.
(d) A utility may provide utility service to subdivided land
described by Subsection (c)(1), (2), or (3) only if the person
requesting service:
(1) is not the land's subdivider or developer or the
subdivider's or developer's agent; and
(2) provides to the utility a certificate described by
Subsection (c) [(c)(1)].
(e) A person requesting service may obtain a certificate
under Subsection (c)(1), (2), or (3) only if the person is the owner
or purchaser of the subdivided land and provides to the
commissioners court documentation containing [either]:
(1) [documentation containing:
[(A)] a copy of the means of conveyance or other
documents that show that the land was sold or conveyed by a
subdivider or developer before September 1, 1995, or before
September 1, 1999, as applicable under Subsection (c);
(2) [to the person requesting service:
[(i) before September 1, 1995; or
[(ii) before September 1, 1999, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42; and
[(B)] a notarized affidavit by that person
requesting service under Subsection (c)(1) that states that
construction of a residence on the land, evidenced by at least the
existence of a completed foundation, was begun[:
[(i) on or before May 1, 1997; or
[(ii)] on or before May 1, 2003, and the
request for utility connection or service is to connect or serve a
residence described by Subsection (c)(1)(C);
(3) [, if the subdivided land on August 31, 1999, was
located in the extraterritorial jurisdiction of a municipality as
determined by Chapter 42; or
[(2)] a notarized affidavit by the person requesting
service that states that the subdivided land has not been further
subdivided after[:
[(A) the property was sold or conveyed to that
person:
[(i) before] September 1, 1995, [;] or
[(ii) before] September 1, 1999, as
applicable under Subsection (c); and
(4) evidence that adequate sewer service or facilities
have been installed and are fully operable to service the lot or
dwelling from an entity described by Section 232.021(14) or the
authorized agent responsible for the licensing or permitting of
on-site sewage facilities under Chapter 366, Health and Safety Code
[if the subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42; and
[(B) construction of a residence on the land,
evidenced by at least the existence of a completed foundation, was
begun:
[(i) on or before May 1, 1997; or
[(ii) on or before May 1, 2003, if the
subdivided land on August 31, 1999, was located in the
extraterritorial jurisdiction of a municipality as determined by
Chapter 42].
(i) The prohibition established by this section shall not
prohibit a water, sewer, [an] electric, or gas utility from
providing water, sewer, electric, or gas utility connection or
service to a lot [being] sold, conveyed, or purchased through a
contract for deed or executory contract or other device by a
subdivider or developer prior to July 1, 1995, or September 1, 1999,
if on August 31, 1999, the subdivided land was located in the
extraterritorial jurisdiction of a municipality that has adequate
sewer services installed that are fully operable to service the lot
[which is located within a subdivision where the utility has
previously established service] and was subdivided by a plat
approved prior to September 1, 1989.
(k) Except as provided by Subsection (l), this section does
not prohibit a water or sewer utility from providing water or sewer
utility connection or service to a residential dwelling that:
(1) is provided water or wastewater facilities under
or in conjunction with a federal or state funding program designed
to address inadequate water or wastewater facilities in colonias or
to residential lots located in a county described by Section
232.022(a)(1);
(2) is an existing dwelling identified as an eligible
recipient for funding by the funding agency providing adequate
water and wastewater facilities or improvements;
(3) when connected, will comply with the minimum state
standards for both water and sewer facilities and as prescribed by
the model subdivision rules adopted under Section 16.343, Water
Code; and
(4) is located in a project for which the political
subdivisions with jurisdiction over the project or the approval of
plats within the project area have approved the improvement project
by order, resolution, or interlocal agreement under Chapter 791,
Government Code, if applicable.
(l) A utility may not serve any subdivided land with water
utility connection or service under Subsection (k) unless the
entity receives a determination from the county commissioners court
under Section 232.028(b)(3) that adequate sewer services have been
installed to service the lot or dwelling.
SECTION ____.06. Sections 232.031(a) and (b), Local
Government Code, are amended to read as follows:
(a) Except as provided by Subsection (d), a subdivider or
developer may not sell or lease land in a subdivision first platted
or replatted after July 1, 1995, unless the subdivision plat is
approved by the commissioners court in accordance with Section
232.024.
(b) Not later than the 30th day after the date a lot is sold,
a subdivider or developer shall record with the county clerk all
sales contracts, including the attached disclosure statement
required by Section 232.033, leases, and any other documents that
convey an interest in the subdivided land.
SECTION ____.07. Sections 232.035(a) and (b), Local
Government Code, are amended to read as follows:
(a) A subdivider or developer or an agent of a subdivider or
developer may not cause, suffer, allow, or permit a lot to be sold
in a subdivision if the subdivision has not been platted as required
by this subchapter.
(b) Notwithstanding any other remedy at law or equity, a
subdivider or developer or an agent of a subdivider or developer may
not cause, suffer, allow, or permit any part of a subdivision over
which the subdivider or developer or an agent of the subdivider or
developer has control, or a right of ingress and egress, to become a
public health nuisance as defined by Section 341.011, Health and
Safety Code.
SECTION ____.08. Section 232.036(a), Local Government
Code, is amended to read as follows:
(a) A subdivider or developer commits an offense if the
subdivider or developer knowingly fails to file a plat or replat
required by this subchapter. An offense under this subsection is a
Class A misdemeanor.
SECTION ____.09. Section 232.038(a), Local Government
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), a person who has
purchased or is purchasing a lot after July 1, 1995, in a
subdivision for residential purposes that does not have water and
sewer services as required by this subchapter and is located in an
economically distressed area, as defined by Section 17.921, Water
Code, from a subdivider or developer, may bring suit in the district
court in which the property is located or in a district court in
Travis County to:
(1) declare the sale of the property void and require
the subdivider or developer to return the purchase price of the
property; and
(2) recover from the subdivider or developer:
(A) the market value of any permanent
improvements the person placed on the property;
(B) actual expenses incurred as a direct result
of the failure to provide adequate water and sewer facilities;
(C) court costs; and
(D) reasonable attorney's fees.
SECTION ____.10. Sections 232.040(a), (b), and (c), Local
Government Code, are amended to read as follows:
(a) A subdivision plat must accurately reflect the
subdivision as it develops. If there is any change, either by the
intentional act of the subdivider or developer or by the forces of
nature, including changes in the size or dimension of lots or the
direction or condition of the roads, a plat must be revised in
accordance with Section 232.041.
(b) Except as provided by Subsection (c), a lot in a
subdivision may not be sold if the lot lacks water and sewer
services as required by this subchapter unless the lot is platted or
replatted as required by this subchapter. A subdivider or
developer or agent of a subdivider or developer may not transfer a
lot through an executory contract or other similar conveyance to
evade the requirements of this subchapter. The prohibition in this
subsection includes the sale of a lot:
(1) by a subdivider or developer who regains
possession of a lot previously exempt under Subsection (c) through
the exercise of a remedy described in Section 5.061, Property Code;
or
(2) for which it is shown at a proceeding brought in
the district court in which the property is located that the sale of
a lot otherwise exempt under Subsection (c) was made for the purpose
of evading the requirements of this subchapter.
(c) Subsection (b) does not apply to [if] a seller other
than a subdivider, developer, or agent of a subdivider or developer
[resides on the lot].
SECTION ____.11. Section 232.029(f), Local Government
Code, is repealed.
ARTICLE ____. ZONING AROUND FALCON LAKE
SECTION ____.01. Chapter 231, Local Government Code, is
amended by adding Subchapter L to read as follows:
SUBCHAPTER L. ZONING AROUND FALCON LAKE
Sec. 231.251. LEGISLATIVE FINDINGS; PURPOSE. (a) The
legislature finds that:
(1) the area that surrounds Falcon Lake in Zapata
County is frequented for recreational purposes by residents from
every part of the state;
(2) orderly development and use of the area is of
concern to the entire state; and
(3) buildings in the area that are frequented for
resort or recreational purposes tend to become congested and to be
used in ways that interfere with the proper use of the area as a
place of recreation to the detriment of the public health, safety,
morals, and general welfare.
(b) The powers granted under this subchapter are for the
purpose of promoting the public health, safety, peace, morals, and
general welfare and encouraging the recreational use of county
land.
Sec. 231.252. AREAS SUBJECT TO REGULATION. This
subchapter applies only to the unincorporated area of Zapata County
located within 25,000 feet of:
(1) the project boundary line for Falcon Lake; and
(2) the Rio Grande.
Sec. 231.253. FALCON LAKE PLANNING COMMISSION. (a) A lake
planning commission is established for the area subject to this
subchapter. The commission is composed of:
(1) four residents of Zapata County, with one resident
from each of the county commissioners precincts, appointed by that
precinct's commissioner; and
(2) a person, who shall serve as the commission's
presiding officer, appointed by the county judge of Zapata County.
(b) Except as provided by Subsection (c), the members of the
commission shall be appointed for two-year terms that expire
February 1 of each odd-numbered year.
(c) The terms of the initial members of the commission
expire on February 1 of the first February in an odd-numbered year
following their appointment.
(d) The commissioners court of Zapata County may employ
staff for the commission to use in performing the commission's
functions.
Sec. 231.254. COMMISSION STUDY AND REPORT; HEARING. (a) At
the request of the commissioners court of Zapata County, the
commission shall, or on the lake planning commission's own
initiative, the commission may, conduct studies of the area subject
to this subchapter and prepare reports to advise the commissioners
court about matters affecting that area, including any need for
zoning regulations in that area.
(b) Before the commission may prepare a report, the
commission must hold a public hearing in which members of the public
may offer testimony regarding any subject to be included in the
commission's report. The commission shall provide notice of the
hearing as required by the commissioners court.
Sec. 231.255. ZONING REGULATIONS. After receiving a report
from the lake planning commission under Section 231.254, the
commissioners court of Zapata County may adopt zoning regulations
for the area subject to this subchapter and in accordance with the
report that regulate:
(1) the height, number of stories, and size of
buildings and other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; and
(6) the placement of water and sewage facilities,
parks, and other public requirements.
Sec. 231.256. DISTRICTS. (a) The commissioners court may
divide the area in the county that is subject to this subchapter
into districts of a number, shape, and size the court considers best
for carrying out this subchapter. Within each district, the
commissioners court may regulate the erection, construction,
reconstruction, alteration, repair, or use of buildings, other
structures, or land.
(b) The zoning regulations must be uniform for each class or
kind of building in a district, but the regulations may vary from
district to district. The regulations shall be adopted with
reasonable consideration, among other things, for the character of
each district and its peculiar suitability for particular uses,
with a view of conserving the value of buildings and encouraging the
most appropriate use of land throughout the area.
Sec. 231.257. ENFORCEMENT; PENALTY; REMEDIES. (a) The
commissioners court may adopt orders to enforce this subchapter,
any order adopted under this subchapter, or a zoning regulation.
(b) A person commits an offense if the person violates this
subchapter, an order adopted under this subchapter, or a zoning
regulation. An offense under this subsection is a misdemeanor,
punishable by fine, imprisonment, or both, as provided by the
commissioners court. The commissioners court may also provide
civil penalties for a violation.
(c) If a building or other structure is erected,
constructed, reconstructed, altered, repaired, converted, or
maintained or if a building, other structure, or land is used in
violation of this subchapter, an order adopted under this
subchapter, or a zoning regulation, the appropriate county
authority, in addition to other remedies, may institute appropriate
action to:
(1) prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or
use;
(2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure,
or land; or
(4) prevent any illegal act, conduct, business, or use
on or about the premises.
ARTICLE ____. DUVAL COUNTY GROUNDWATER CONSERVATION DISTRICT
SECTION ____.01. Section 8808.003, Special District Local
Laws Code, is amended to read as follows:
Sec. 8808.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2009 [2007]:
(1) the district is dissolved on September 1, 2009
[2007], except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Duval County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires on September 1, 2012 [2010].
SECTION ____.02. Section 8808.023, Special District Local
Laws Code, is amended by adding Subsection (d) to read as follows:
(d) Duval County may pay for any portion of the costs
incident to the district's confirmation election.
SECTION ____.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2007.
ARTICLE ____. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT
SECTION ____.01. Subchapter A, Chapter 8803, Special
District Local Laws Code, is amended by adding Section 8803.004 to
read as follows:
Sec. 8803.004. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2009:
(1) the district is dissolved on September 1, 2009,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Starr County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2012.
SECTION ____.02. Chapter 8803, Special District Local Laws
Code, is amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8803.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than the 45th day after the effective date of this
subchapter, five temporary directors shall be appointed as follows:
(1) the Starr County Commissioners Court shall appoint
four temporary directors, with one of the temporary directors
appointed from each of the four commissioners precincts in the
county to represent the precinct in which the temporary director
resides; and
(2) the county judge of Starr County shall appoint one
temporary director who resides in the district to represent the
district at large.
(b) If there is a vacancy on the temporary board of
directors of the district, the remaining temporary directors shall
appoint a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(c) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8803.024; or
(2) the date this chapter expires under Section
8803.004.
Sec. 8803.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 36.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location within the
district agreeable to a majority of the directors. If an agreement
on location cannot be reached, the organizational meeting shall be
at the Starr County Courthouse.
Sec. 8803.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of permanent
directors does not apply to a confirmation election under this
section.
(d) Starr County may pay for any portion of the costs
incident to the district's confirmation election.
Sec. 8803.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8803.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors until
permanent directors are elected under Section 8803.025.
(b) The initial directors for county precincts 2 and 3 serve
a term expiring June 1 following the first regularly scheduled
election of directors under Section 8803.025, and the initial
directors for county precincts 1 and 4 serve a term expiring June 1
following the second regularly scheduled election of directors.
The at-large director shall serve a term expiring June 1 following
the second regularly scheduled election of directors.
Sec. 8803.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in May of the first even-numbered year after the year in which
the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of two directors to replace the initial directors who, under
Section 8803.024(b), serve a term expiring June 1 following that
election.
Sec. 8803.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
SECTION ____.03. Sections 5, 6, 7, 8, 9, and 11, Chapter
451, Acts of the 79th Legislature, Regular Session, 2005, are
repealed.
SECTION ____.04. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2007.
ARTICLE ____. WATER DEVELOPMENT BOARD
SECTION ____.01. Section 16.344, Water Code, is amended by
adding Subsections (d), (e), (f), (g), (h), and (i) to read as
follows:
(d) Notwithstanding Section 16.343(g) or Section 16.350(a),
a political subdivision may temporarily continue to receive funds
under Subchapter K, Chapter 17, if the political subdivision
submits a request for temporary continuation of funding and the
board determines that:
(1) the political subdivision's initial funding
application and any amendments for a designated area were reviewed
and approved by the board before January 1, 2007;
(2) withholding funds would result in an undue
hardship for occupants of the property to be served by unreasonably
delaying the provision of adequate water or wastewater services;
(3) withholding funds would result in inefficient use
of local, state, or federal funds under the program;
(4) the political subdivision has committed to take
the necessary and appropriate actions to correct any deficiencies
in adoption or enforcement of the model rules within the time
designated by the board, but not later than the 90th day after the
date the board makes the determinations under this subsection;
(5) the political subdivision has sufficient
safeguards in place to prevent the proliferation of colonias; and
(6) during the 30 days after the date the board
receives a request under this subsection, the board, after
consulting with the attorney general, secretary of state, and
commission, has not received an objection from any of those
entities to the request for temporary continuation of funding.
(e) In applying Subsection (d) to applications for
increased financial assistance, the board shall only consider areas
that were included in the initial application, except that the
board may reconsider the eligibility of areas that were the subject
of a facility plan in the initial application and that may be
determined to be eligible based on criteria in effect September 1,
2005.
(f) The political subdivision shall take necessary and
appropriate actions to correct any deficiencies in its adoption and
enforcement of the model rules within the time period required by
the board, not to exceed the 90-day period described by Subsection
(d)(4), and provide evidence of compliance to the board. The board
shall discontinue funding unless the board makes a determination
based on the evidence provided that the political subdivision has
demonstrated sufficient compliance to continue funding.
(g) Except as provided by Subsections (d)-(f), if the board
determines that a county or city that is required to adopt and
enforce the model rules is not enforcing the model rules, the board
shall discontinue funding for all projects within the county or
city that are funded under Subchapter K, Chapter 17.
(h) The board may not accept or grant applications for
temporary funding under Subsection (d) after June 1, 2009.
(i) Subsections (d), (e), (f), (g), and (h) and this
subsection expire September 1, 2009.